Sec. 202. Operational detention facilities
587 words·~3 min read·
/bill/118/hr/2/pcs/section-202A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than September 30, 2023, the Secretary of Homeland Security shall take all necessary actions to reopen or restore all U.S. Immigration and Customs Enforcement detention facilities that were in operation on January 20, 2021, that subsequently closed or with respect to which the use was altered, reduced, or discontinued after January 20, 2021. In carrying out the requirement under this subsection, the Secretary may use the authority under section 103(a)(11) of the Immigration and Nationality Act ( 8 U.S.C. 1103(a)(11) ). The requirement under subsection
(a)shall include at a minimum, reopening, or restoring, the following facilities: Irwin County Detention Center in Georgia. C. Carlos Carreiro Immigration Detention Center in Bristol County, Massachusetts. Etowah County Detention Center in Gadsden, Alabama. Glades County Detention Center in Moore Haven, Florida. South Texas Family Residential Center. Except as provided in paragraphs
(2)and (3), the Secretary of Homeland Security is authorized to obtain equivalent capacity for detention facilities at locations other than those listed in subsection (b). The Secretary may not take action under paragraph
(1)unless the capacity obtained would result in a reduction of time and cost relative to the cost and time otherwise required to obtain such capacity. The exception under paragraph
(1)shall not apply to the South Texas Family Residential Center. The Secretary shall take all necessary steps to modify and operate the South Texas Family Residential Center in the same manner and capability it was operating on January 20, 2021. Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter until September 30, 2027, the Secretary of Homeland Security shall submit to the appropriate congressional committees a detailed plan for and a status report on— compliance with the deadline under subsection (a); the increase in detention capabilities required by this section— for the 90 day period immediately preceding the date such report is submitted; and for the period beginning on the first day of the fiscal year during which the report is submitted, and ending on the date such report is submitted; the number of detention beds that were used and the number of available detention beds that were not used during— the 90 day period immediately preceding the date such report is submitted; and the period beginning on the first day of the fiscal year during which the report is submitted, and ending on the date such report is submitted; the number of aliens released due to a lack of available detention beds; and the resources the Department of Homeland Security needs in order to comply with the requirements under this section. The Secretary of Homeland Security shall notify Congress, and include with such notification a detailed description of the resources the Department of Homeland Security needs in order to detain all aliens whose detention is mandatory or nondiscretionary under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. )— not later than 5 days after all U.S. Immigration and Customs Enforcement detention facilities reach 90 percent of capacity; not later than 5 days after all U.S. Immigration and Customs Enforcement detention facilities reach 95 percent of capacity; and not later than 5 days after all U.S. Immigration and Customs Enforcement detention facilities reach full capacity. In this section, the term appropriate congressional committees means— the Committee on the Judiciary of the House of Representatives; the Committee on Appropriations of the House of Representatives; the Committee on the Judiciary of the Senate; and the Committee on Appropriations of the Senate.
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources